Disposed

Sanal Kumar v. Rajasree K.R

Kerala HC28 May 2024OP (FC)/349/2024

Case brief

AI extract

What is this about?

Challenge to a Family Court order issuing a warrant in execution of a maintenance decree. The High Court found no ground for interference, noting the debtor ran a business and the 2017 medical certificate did not prove incapacity, and allowed payment of arrears in five equal monthly installments, with execution to proceed on default.

What did the court decide?

Arrears permitted to be paid in five equal monthly installments from 15.06.2024; execution kept in abeyance if paid as ordered.

Sanal Kumar Vs Rajasree K.R — Maintenance and Alimony | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &

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THEHONOURABLEMR.JUSTICEP.M.MANOJ
TUESDAY,THE28THDAYOFMAY2024/7THJYAISHTA,1946

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OP(FC)NO.349OF2024

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AGAINST THE ORDER DATED 20.04.2024 IN EP NO.46 OF 2021 OF FAMILY COURT, MAVELIKKARA

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PETITIONER/COUNTERPETITIONER/JUDGMENTDEBTOR:

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SANALKUMAR
AGED48YEARS
NALLOORPADEETTATHIL,THONNAKKKADP.O.
CHERIYANADVILLAGE,CHENGANNURTALUK,
ALAPPUZHADISTRICT,PIN-689511

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BYADVS.
ANILS.RAJ
RADHIKARAJASEKHARANP.
K.N.RAJANI
ANILAPETER
SIMIS.ALI
ARSHID.M.S.
BAHADURSHAHANAKKOTNASIRALI
ASHNATASHIK

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RESPONDENT/PETITIONER/DECREE HOLDER:

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RAJASREEK.R
AGED39YEARS
D/ORADHAMANIYAMMA,KALLIRIKKUNNATHILMELETHIL,
PANANGADP.O,KULANADAVILLAGE,KOZHENCHERRYTALUK,
PATHANAMTHITTADISTRICT,PIN-689503

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THISOP(FAMILYCOURT)HAVINGCOMEUPFORADMISSIONON
28.05.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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O.P.(FC) No. 349 of 2024

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JUDGMENT

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Raja Vijayaraghavan, J.

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The petitioner herein is the respondent in O.P. No.784 of 2013 on the files of the Family Court, Mavelikkara. The said petition was allowed in part by the Family Court, and among other reliefs that were granted, the petitioner was directed to pay a sum of Rs.3000/- per mensem as maintenance to the respondent from 23.11.2010 onwards. The respondent-wife had approached the Family Court and filed EP No.24 of 2017, seeking execution of the award. However, the petition for execution was dismissed for default.

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According to the petitioner, his wife remarried another person on 06.09.2018. After about 3 years of marriage, a fresh Execution Petition was filed before the Family Court as EP. No.46 of 2021, seeking to realize the decree amount. The petitioner filed her objection in the Execution Petition. He contended that he is suffering from schizophrenia and is under treatment. He also stated that he has no means to pay the amount as his sole source of

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O.P.(FC) No. 349 of 2024

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income is from the petty shop that he is running on lease, by paying a monthly rent of Rs.3000/-. He also highlighted that he has aged parents to support.

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The Family Court, after considering the facts and circumstances, was of the view that no material was produced before the Court to substantiate that the petitioner was suffering from any mental ailments of such a nature that he is unable to earn any income. The fact that the petitioner was running a shop at Cheriyanad Temple, selling pooja articles was taken note of. The Family Court was of the view that the petitioner was intentionally evading the payment of the amounts as ordered and ordered the issuance of a warrant. The aforesaid order is under challenge.

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We have heard Sri. Arshid M.S, the learned counsel appearing for the petitioner, who submitted that the order passed by the Family Court cannot be sustained under law. It is submitted by the learned counsel that the respondent-wife had earlier filed an application for execution and the same was dismissed for default. Immediately thereafter, she got married to another person and has been living with him since 2018. According to the learned counsel, the respondent has absolutely no reason to seek maintenance. He also

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O.P.(FC) No. 349 of 2024

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states that the petitioner has no fixed source of income and asking him to pay amounts as ordered by the Family Court will result in grave injustice.

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We have considered submissions advanced and have gone through the order also. We find that one of the contentions of the petitioner is that he is suffering from schizophrenia. However, what is produced before this Court is a certificate which is dated 2017. As rightly held by the Family Court the said certificate would not disclose that the petitioner is suffering any mental ailment which is of such a nature as would prevent him from earning any income. The fact that the petitioner is running a business and has been earning income was also taken note of. Furthermore, we find that the Family Court noticed that the wife had remarried and maintenance was granted only till the date of remarriage.

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In view of the facts and circumstances, we do not think that the petitioner has made out any case for interference. At this stage, the learned counsel appearing for the petitioner submits that the petitioner be permitted to pay the amounts ordered in installments.

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Having regard to the facts and circumstances, we are of the view that an opportunity can be granted to the petitioner to remit the amounts as

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O.P.(FC) No. 349 of 2024

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ordered by the Family Court in five equal monthly installments, the first of which shall be payable on or before 15.06.2024. The balance amounts shall be paid by the petitioner on the 15th of every succeeding month, until the entire amount due to the wife is wiped off. If the petitioner commits any fault in paying the amount, it would be open to the Family Court to surge ahead with the execution proceedings. If the petitioner pays the amount as ordered above, the execution proceedings shall be kept in abeyance.

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This Original Petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V JUDGE

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Sd/- P.M.MANOJ JUDGE

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APM/28/5/24

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O.P.(FC) No. 349 of 2024

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APPENDIX OF OP (FC) 349/2024

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PETITIONEREXHIBITS

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ExhibitP1TRUECOPYOFTHEMARRIAGECERTIFICATEOF
THERESPONDENT06.09.2018
ExhibitP2TRUECOPYOFEP46OF2021
ExhibitP3TRUECOPYOFTHEOBJECTIONTOTHE
EXECUTIONPETITION
ExhibitP4TRUECOPYOFTHEOBJECTIONTOTHE
PETITIONTODETAINHIMINCIVILPRISON
ExhibitP5TRUECOPYOFTHECERTIFICATEDATED
05.05.2017ISSUEDFROMPRATYASHABHAVAN
ExhibitP6CERTIFIEDCOPYOFTHEORDERDATED
20.4.2024INEP46OF2021INOP784/2013
OFTHEHONOURABLEFAMILYCOURTMAVELIKARA

Sanal Kumar v. Rajasree K.R

Case brief

What is this about?

What did the court decide?

Sanal Kumar v. Rajasree K.R

Case brief

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What did the court decide?

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